Rupesh Singh @ Vikash Singh @ Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24124 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Rupesh Singh @ Vikash Singh @ Vikash Kumar Singh S/o Bachcha Narayan Singh @ Bachcha Singh Resident of Village- Dilawar pur, P.S.- Kesriya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Saiyad Ahshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2020 The Court proceeding has been conducted through virtual mode.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Since the court proceeding in physical mode is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

The petitioner is apprehending arrest in a case

Patna High Court CR. MISC. No.24124 of 2020(2) dt.08-10-2020 2/3 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Act 8 of 2018.

It is alleged that 3456.36 litres of Indian made foreign liquor were recovered from the Litchi orchard of coaccused Ashok Singh and the petitioner was associated with him.

It is submitted by learned counsel for the petitioner that the recovery has not been made from conscious physical possession of the petitioner rather the same has been made from the Litchi orchard of co-accused Ashok Singh, who has been granted bail by learned Court below. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

The petitioner is agreed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand) in Chief Minister Relief Fund, Bihar bearing Account No. 2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Learned APP for State oppose the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the

Patna High Court CR. MISC. No.24124 of 2020(2) dt.08-10-2020 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge -cum- Special Judge, Excise, Motihari, East Champaran in connection with Chakia P.S. Case No. 70 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.75,000/- (Rupees Seventy Five Thousand) in Chief Minister Relief Fund.

(Anjani Kumar Sharan, J) DKS/- U T